Another Republican Congressman resigns

For the third time this year, a Republican Congressman who had been running for re-election has resigned his seat.

Rep. Mark Foley, R-Fla., submitted a letter of resignation from Congress today in the wake of questions about e-mails he wrote a former male page, according to a congressional official.

Foley, 52, had been considered a shoo-in for re-election until the e-mails surfaced in recent days.

Campaign aides had previously acknowledged that the Republican congressman e-mailed the former Capitol page five times, but had said there was nothing inappropriate about the exchange. The page was 16 at the time of the e-mail correspondence.

Foley’s election opponent, Democrat Tim Mahoney, has called for an investigation.

The correspondence took place in August 2005 after the boy gave Foley a handwritten thank you note before returning to Louisiana.

Foley was running for re-election to a seventh term. He has represented his district, which includes West Palm Beach, since 1995. Florida Republicans could replace Foley on the ballot.

I’ll leave the discussion of the nature of the correspondence to others. What I want to point out is the electoral ramifications. Via MyDD and Daily Kos, the relevant statute in Florida is this:

“In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and, within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy.

The name of any person so designated shall be submitted to the Department of State within 7 days after notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election. If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee’s name will appear on the ballot.

Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee. If there is no opposition to the party nominee, the person designated by the political party to replace the former party nominee will be elected to office at the general election. For purposes of this paragraph, the term “district political party executive committee” means the members of the state executive committee of a political party from hose counties comprising the area involving a district office.”

So Mark Foley will still appear on the ballot, and any vote cast in his name will count for his replacement. In a way, this is analogous to the 2000 Senate race between John Ashcroft and the late Mel Carnahan. Carnahan died in a plane crash on October 16 but remained on the ballot, as Missouri law did not allow for his replacement at that late date. He wound up winning, and his wife Jean was appointed to replace him, as his gubernatorial successor in Missouri had promised would be the case.

Obviously, Foley’s departure is far less honorable, and will likely be a weight on whoever is picked to fill in for him. But at least the Florida GOP can take solace in knowing that the candidate, if not the name on the ballot, can be replaced. No write-ins necessary.

UPDATE: Rep. Foley had $2.8 million in his campaign war chest (he had at one time considered running for Senate against Bill Nelson). What do you think should be done with it? Here’s a suggestion.